I saw lately that those of Musidan, a place not far from me, who, with others of their party, were compelled by our forces to dislodge thence, exclaimed that they were betrayed. During the speech of accord and the treaty yet continuing, they had been surprised and defeated. This thing might have had some appearance of truth in other ages. But, I say, our manner of proceeding in such cases is altogether different from these rules. No man ought to expect the performance of a promise from an enemy unless the last seal of the bond is fully annexed thereunto, wherein much care and vigilance is required, and much ado shall be found.
It was ever a dangerous counsel to trust the performance of a word or oath given unto a city that yields unto gentle and favorable composition. In that fury, to give the needy, bloodthirsty, and prey-greed soldier free entrance into it unto the free choice and license of a victorious army is a dangerous proposition. Lucius Emilius Regulus, a Roman Proctor, having lost his time in attempting by force to take the city of the Phocens by reason of the singular prowess which the inhabitants showed, in stoutly defending themselves, covenanted to receive them as friends unto the people of Rome, and to enter their city as a place confederate, removing all fear of hostile action from them.
But to the end he might appear more glorious and dreadful, having caused his army to enter with him, do what he might, he could not bridle the rage of his soldiers. With his own eyes, he saw most part of the city ransacked and spoiled: the rights of covetousness and revenge supplanting those of his authority and military discipline. Cleomenes was wont to say that “whatever hurt a man might do to his enemies in time of war was beyond justice and not subject unto it, as well towards the Gods as towards men.” He made a truce with those of Argos for seven days. The third night, while they were all asleep, mistrusting no harm, he charged and overthrew them, alleging for his excuse that the truce had not mentioned nights.
But the Gods left not his perfidious policy unrevenged. During their enter-parley and business about taking hostages, the city of Casilinum was by surprise taken from him. This happened in the times of the justest Captains and the most perfect Roman discipline. It is not said that time and place serving, we must not make use and take advantage of our enemy’s foolish oversight, as we do of their cowardice. Verily, war has naturally many reasonable privileges to the prejudice of reason. And here fails the rule; Neminem id agere, ut ex alterius praedetur inscitia: “That no man should endeavor to prey upon another man’s ignorance.
But I wonder about the scope that Xenophon allows them, both by his discourse and by diverse exploits of his perfect Emperor, an author of wonderful consequence in such things as a great captain and philosopher and one of Socrates’ chiefest disciples, nor do I altogether yield unto the measure of his dispensation. The Lord of Aubigny besieging Capua, after he had given it a furious battery, the Lord Fabritius Colonna, captain of the town, having from under a bastion or sconce begun to parley, and his men growing negligent and careless in their offices and guard, our men did suddenly take the advantage offered them, entered the town, overran it, and put all to the sword. But to come to later examples, yes in our memory, the Lord Iulio Romero at Yvoy, having committed this oversight to issue out of his hold to parley with the Constable of France, at his return found the town taken, and himself jack-out-of-doors.
But that we may not pass out unrevenged, the Marques of Pescara besieging Genova, where the Duke Octavian Fregoso commanded under our protection, and an accord between them having been so long treated and earnestly solicited that it was held as ratified and upon the point of conclusion, the Spaniards being entered the town and seeing themselves the stronger, took their opportunity and used it as a full and complete victory. And since at Lygny in Baroe, where the Earl of Brienne commanded, the Emperor having besieged him in person, and Bartholemy, lieutenant to the said Earl, being come forth of his hold to parley, was no sooner out, while they were disputing, but the town was surprised, and he excluded. They say, “Fu il vincer sempre mai laudabil cosa, Vincasi o per fortuna o per ingegno.” — ARIST. cant. xv. stan. 1. To be victorious evermore was glorious, be we by fortune or by wit victorious.
But the philosopher Chrysippus would not have been of that opinion; nor I neither, for he was wont to say, “That those who run for the mastery may well employ all their strength to make speed, but it is not lawful for them to lay hands on their adversaries, to stay him, or to cross legs, to make him trip or fall.” And more generously answered Alexander the Great, at what time Polypercon persuaded him to use the benefit of the advantage which the darkness of the night afforded him, to charge Darius. “No, no,” said he, “it fits not me to hunt after night-stolen victories;” mato me fortunæ pæniteat, quam tictoriæ pudeat. — CURT. 1. iv. I had rather repent me of my fortune than be ashamed of my victory.
Atque idem fugientem haud est dignatus Orodem Sternere, nec jacta cæcum dare cuspide vulnus: Obvius adversoque occurrit, seque viro vir Contulit, haud furto melior, sed fortibus armis. — VIRG. æn. 1. x. 732. He deigned not to strike down Orodes flying, or with his thrown lance blindly wound him running: but man to man afront himself applying, met him, as more esteemed for strength than cunning.
